$150 grand for medical expenses?
What did he do, get a sprained wrist?
Posted on 01/16/2006 3:27:57 AM PST by beaversmom
ROGERSVILLE - The mother of a Rogersville boy who was injured in an accident last year on a new bicycle has filed a $900,000 lawsuit against the bike manufacturer and Wal-Mart, where the bike was purchased.
Elizabeth Burton, 625 S. Armstrong St., Rogersville, is the mother of Eric Burton, who was injured in an accident on Jan. 9, 2005. The boy's sister had received the Roadmaster Mountain Sport bicycle as a Christmas present from their father.
According to the lawsuit filed on behalf of the Burtons by Morristown attorney Gary E. Brewer, on Jan. 9 of last year Eric Burton was riding his sister's new bike on South Armstrong Street, but as he approached the Broadway Street intersection the brakes failed.
The bike didn't stop and continued onto Broadway Street into the path of an oncoming vehicle which had the right of way, the lawsuit alleges. The lawsuit further contends that as a result of the accident Eric Burton was severely injured, was hospitalized and will undergo continuing medical treatment.
Aside from Wal-Mart, the other defendants in the lawsuit include Pacific Cycle, Inc., based in Wilmington, Del., as well as its parent company Dorel Juvenile Group, Inc., which is to be served with the lawsuit in Columbus, Ind.
The lawsuit alleges that Pacific Cycle manufactured the bicycle in a defective condition, making it unsafe. The lawsuit also alleges that Wal-Mart assembled the bicycle.
"The defendant (Wal-Mart) assembled and sold the bicycle in an unsafe condition and design when they knew or should have known by the exercise of ordinary care that the bicycle would be subject to failure," the lawsuit alleges.
The lawsuit seeks $750,000 for injuries and damages and another $150,000 for medical expenses. The defendants have 30 days from the Jan. 6 filing date of the lawsuit to either file a response or seek a time extension.
so the first time the brakes were alledgedly used was at the intersection? i dont buy it. at 900K, this is interesting, almost not enough for wal mart to bother with, maybe just offer 300K and good riddance? why isnt the chinese manufacturer being sued also? surely, its made in chicom land.
Another reason the practice of tort law should be prohibited. Lawyers keep getting richer redistributing wealth across America. It's never MY fault that I got hurt. It's always somebody else's fault.
A parent didn't take the time to ensure that the bicycle was in proper operational condition so it's someone else's fault the kid got hurt... right. I had a mountain bike gifted to me this season and the first thing I did was check the brakes and the shifting for proper function.
When you buy a bike from Walmart, like it or not, you get what you paid for. You get something put together by someone who is paid nothing for any expertise that person may or may not have on a take it or leave it basis. Thanks to republicans and democrats alike, in many communities, a Walmart may be the only opportunity available to some people
after the local bicycle shops closed due to pricing competition. Nothing quite like killing local expertise via cheapness. IMHO, the parent acted in a manner that prescribed the outcome - nothing more. The lawsuit should be thrown out.
$150 grand for medical expenses?
What did he do, get a sprained wrist?
I'm terribly sorry if someone got hurt, however I put a lot of the blame on people forgetting how to do things that we all knew how to do decades ago.
prisoner6
If the brakes were faulty, how is that the rider/buyer's fault?
Why should the lawsuit be thrown out?
Sounds to me like the kid wasn't paying attention to where he was going (happens all the time) and rode out in front of the vehicle. If the bicycle was mashed up pretty good in the accident, then no one will ever be sure if the brakes really failed or not. A shake down attempt, no doubt...
How can you tell the brakes were applied at that time?
Don't know if there are more recent recalls for Roadmasters or not.
Mongoose, MGX and Roadmaster Bikes
WASHINGTON, Feb. 23, 2001 -- By Us International Co. Ltd., of Taiwan, is recalling about 40,000 Ballistic front suspension forks installed on certain mountain bicycles. The forks on these bicycles can break apart, causing riders to lose control and fall.
By Us previously announced the recall of 13,500 of these forks in May 2000. The firm has since disclosed that more of these forks are included in the recall.
Bike Forks There have been 26 reports of forks on these bicycles breaking resulting in nine riders, including teenagers, suffering serious head and bodily injuries, abrasions, bruises and chipped teeth.
The recall is being conducted in cooperation with the U.S. Consumer Product Safety Commission (CPSC).
The recalled forks were installed on Mongoose S-20 and MGX S-20 bicycles, which are orange, and the Roadmaster Ridge Rider bicycles, which is red. The forks on these bikes are black with decals that read "BALLISTIC" and "105" on the sides of the suspension fork legs.
Discount department stores, including Wal-Mart, and toy stores sold the bicycles with these forks nationwide from June 1998 through June 2000 for between $125 and $150.
Consumers should immediately stop using these bicycles and call the firm to determine if the fork on their bike is part of the recall. Consumers should have the serial number of the forks available. The serial number is located on the inside of the suspension fork leg. Consumers with recalled forks will receive a free replacement fork and free installation. For more information, call (877) 211-3525 toll-free between 8 a.m. and 5 p.m. CT Monday through Friday, or visit their web site at www.mongoose.com.
Wal-Mart is not a good place to buy a bike. They are junk, and they generally don't have an experienced bike builder assembling them.
When it is time for you or your child to get a bike, go to a professional bicycle shop. There is a huge difference in the quality of the bikes, parts and the service you receive.
End result: WalMart stops selling bikes.
I guess Walmart won't be assembling bicycles anymore. That's bad news to us parents and grandparents. After my attempts back in the early 1980's, I'd gladly pay the $20-$40 usually charged by the store to pick it up ASSEMBLED.
We bought a bike there and I don't remember signing anything. My FIL works on bikes so we had him look it over before my son rode it.
"the brakes failed."
Why are you blaming lawyers for the brakes failing?
I don't understand a parent who buys their child a toy and tells them to go play in traffic.
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